Sehdev vs. State Of U. P

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL.)NO. 406 OF 2020

SEHDEV PETITIONER(S)

VERSUS

STATE OF U.P. & ANR. RESPONDENT(S)

O R D E R

1. Heard learned counsel for the petitioner as well as respondent and perused the prayer made in the petition.

2. On a perusal of the prayer, it is noted that a positive mandamus has been sought by the petitioner to direct the respondents to release the petitioner. It is no doubt true that the petitioner has been in custody from 28.01.2000 and has undergone actual sentence of 22 years and 10 months. Even if that be so, the question of remission and early release of the petitioner would arise provided he is entitled to such relief under the Policy prevailing in the State keeping in view the provision contained in the Criminal Procedure Code. Therefore, a positive mandamus of the present nature cannot be issued at this stage.

3. However, the petitioner would have the liberty of filing an appropriate application to the Competent Authority Digitally signed by Rajni Mukhi Date: 2022.12.13 11:17:25 IST Reason: Signature Not Verified

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in accordance with the Policy of the State and if such application is filed by the petitioner on surrendering himself to custody within three weeks, such application shall be considered in accordance with law and an appropriate decision be taken.

4. Needless to mention, if the decision taken is against the petitioner, the petitioner will avail his remedies in accordance with law.

5. The Writ Petition is, accordingly, disposed of.

6. Pending application(s) shall stand disposed of.

……………………………………………………………J. [A.S. BOPANNA]

……………….……………………………………….J. [BELA M. TRIVEDI]

NEW DELHI; DECEMBER 09, 2022 ITEM NO.13 COURT NO.13 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition (Crl.) No. 406/2020

SEHDEV Petitioner(s)

VERSUS

STATE OF U.P. & ANR. Respondent(s)

(IA No. 52963/2021 - EXEMPTION FROM FILING O.T. IA No. 131364/2020 - EXEMPTION FROM FILING O.T. IA No. 131363/2020 - GRANT OF BAIL)

Date : 09-12-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI

• For Petitioner(s) Mr. Z.U.Khan, Adv. Mr. Yunus Malik, Adv. Ms. Nida Khan, Adv. Mr. Pratham Sethi, Adv. Mr. Samir Malik, AOR
• For Respondent(s) Mr. Vishwa Pal Singh, AOR Mr. Akash, Adv. Mr. Ashutosh Bhardwaj, Adv. Mr. Shubham Saxena, Adv.

UPON hearing the counsel the Court made the following O R D E R

The Writ Petition is disposed of in terms of signed

order.

Pending application(s) shall stand disposed of.

(RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)